A.Â
Except as provided in Subsection B, this article applies to any person, including the County, who applies after January 1, 1992, for subdivision approval, a grading permit or a building permit for an area of land of 40,000 square feet or more.
B.Â
This article does not apply to:
(1)Â
Cutting or clearing conducted in accordance with a forest harvest permit issued under Chapter 214 of the Harford County Code, as amended, if the cutting or clearing:
(2)Â
Cutting or clearing in the Chesapeake Bay Critical Area Overlay District established under § 267-63 (Chesapeake Bay Critical Area Overlay District).
(3)Â
Cutting or clearing to further agriculture, if the
land on which the cutting or clearing is conducted is not the site
of development within 5 years after the clearing or cutting.
(4)Â
Forest management activities conducted in accordance
with a federal, state or local forestry or woodland incentives program.
(6)Â
Routine maintenance of public utility rights-of-way.
(7)Â
Any development conducted on a single residential parcel described
in the land records as of January 1, 1992, of any size, if the development:
[Amended by Bill No. 14-1]
(a)Â
Does not result in the cutting, clearing or grading of more
than 20,000 square feet of forest; and
(b)Â
Does not result in the cutting, clearing or grading of any forest
that is subject to a previous forest conservation plan prepared under
this article; and
(c)Â
If land on which cutting or clearing has been conducted in accordance with an exemption under Subsections B(1)(b) or B(3) is developed:
[1]Â
Within 5 years after the cutting or clearing, the development
is subject to this article and the required forest conservation shall
be calculated based on the acreage of forest that existed before the
cutting or clearing; and
[2]Â
More than 5 years after the cutting or clearing, the development
is subject to this article and the required forest conservation shall
be calculated based on the acreage of forest that exists after the
cutting or clearing.
A.Â
A person who applies after January 1, 1992, for subdivision
approval, a grading permit or a building permit for an area of land
of 40,000 square feet or more:
(1)Â
Shall submit, to the Department, in accordance with
the Forest Cover Conservation and Replacement Manual, which is incorporated
herein by reference:
(2)Â
Shall not, unless granted an exemption by the Department,
perform any construction activity in the dripline of a tree that is
to be retained; and
(3)Â
Shall use methods approved by the Department to protect
retained trees during construction.
B.Â
Notwithstanding any other provision of this article,
the Department of Public Works shall plant at least 1 tree for every
2 trees of a dbh of 8 inches or more that it cuts or clears as part
of a project to widen a County road.
C.Â
When planting trees in accordance with Subsection B of this section, the Department of Public Works shall meet the following criteria:
(4)Â
If the owner of the abutting property requests, the
Department of Public Works shall pay the owner a fee in an amount
equal to the cost of the trees that would have been planted on the
abutting property under this section, and payment of the fee relieves
the Department of Public Works of the duty to plant the trees.
A.Â
A forest stand delineation shall be submitted before
a preliminary subdivision plan, a grading permit application or a
building permit application is submitted for the lot or parcel being
developed.
B.Â
The delineation shall be prepared and signed by a
licensed forester, licensed landscape architect or a qualified professional
as noted by the Maryland Forest Service.
C.Â
The delineation shall include:
(1)Â
A topographic map delineating intermittent and perennial
streams and steep slopes over 25%;
(2)Â
A soils map delineating soils with structural limitations,
hydric soils and soils with a soil K value greater than 0.35 on slopes
of 15% or more;
(3)Â
Forest stand maps indicating species, location and
size of trees and showing dominant and codominant forest types;
(4)Â
Limit of nontidal wetlands and required buffers;
(5)Â
Limit of 100-year floodplain; and
(6)Â
Any other information required by the Department.
D.Â
Action by Department.
(1)Â
Within 30 calendar days after receipt of the forest
stand delineation, the Department shall notify the applicant whether
the forest stand delineation is complete and correct.
(2)Â
If the Department fails to notify the applicant within
30 calendar days, the delineation shall be treated as complete and
correct.
(3)Â
The Department may require further information or
extend the deadline for an additional 15 calendar days under extenuating
circumstances.
A.Â
A forest conservation plan shall be prepared and signed
by a licensed forester, a licensed landscape architect or a qualified
professional as noted by the Maryland Forest Service.
B.Â
A forest conservation plan shall:
(2)Â
Include a map of the site drawn at the same scale
as the grading or subdivision plan;
(4)Â
Include a clear graphic indication of the forest conservation
provided on the site showing areas where retention of existing forest
or afforestation is planned;
(5)Â
Include a construction timetable, indicating the phasing
of the project and showing the sequence for tree conservation procedures;
(6)Â
Include an afforestation and reforestation plan with
a proposed schedule and description of needed site and soil preparation,
species, size and spacing to be utilized;
(7)Â
Show locations and types of protective devices to
be used during construction activities to protect trees and areas
of forest designated for conservation;
(8)Â
Show the planned limits of disturbance;
(9)Â
Show planned stockpile areas;
(10)Â
Incorporate a commitment to complete all required
afforestation and reforestation in accordance with the schedule established
by the Department in the approved forest conservation plan;
(11)Â
Incorporate a binding 2-year management agreement
that details how the areas designated for afforestation or reforestation
will be maintained to ensure protection or satisfactory establishment,
including:
(12)Â
Include any plan for individual tree plantings proposed under § 267-43 (Individual tree plantings) of this article;
(13)Â
Record a declaration of covenants and restrictions for forest retention as provided in Article VI, Forest and Tree Conservation. The said declaration is to be reviewed and approved by the Department of Planning and Zoning with concurrence of the Department of Law; and
(14)Â
Any other information the Department requires.
C.Â
Action by Department.
(1)Â
Within 45 calendar days after receipt of the forest
conservation plan, the Department shall notify the applicant whether
the forest conservation plan is complete and approved.
(2)Â
If the Department fails to notify the applicant within
45 calendar days, the plan shall be treated as complete and approved.
(3)Â
The Department may require further information or
extend the deadline for an addition 15 calendar days under extenuating
circumstances.
(4)Â
At the request of the applicant, the Department may
extend the deadline under extenuating circumstances.
D.Â
The Department's review of a forest conservation plan
shall be concurrent with the review of the subdivision plan, grading
permit application or building permit application associated with
the project.
E.Â
The Department may revoke an approved forest conservation
plan if it finds that:
(1)Â
Any provision of the plan has been violated;
(2)Â
Approval of the plan was obtained through fraud, misrepresentation,
a false or misleading statement or omission of a relevant or material
fact; or
(3)Â
Changes in the development or in the condition of
the site necessitate preparation of a new or amended plan.
A.Â
In this section, "parcel" means a parcel described
in the land records as of the effective date of County Council Bill
No. 93-11, June 14, 1993.
B.Â
This section applies only to the first 5 lots created
from a parcel.
C.Â
A person is not required to submit a forest stand delineation or
a forest conservation plan for a subdivision of 5 or fewer residential
lots if:
(2)Â
The person files with the preliminary subdivision plan a declaration
of intent stating that development will be conducted in accordance
with Paragraph (1) of this subsection; and
(3)Â
The forest to be retained on the parcel is designated as such on
the preliminary subdivision plan and the final subdivision plat.
D.Â
A person may file an abbreviated forest stand delineation for a subdivision
of 5 or fewer residential lots if:
(1)Â
Development will result in the cutting, clearing or grading of a
cumulative total of more than 20,000 square feet of forest on the
parcel;
[Amended by Bill No. 14-1]
(2)Â
Development will not result in the cutting, clearing or grading of
forest that is subject to an approved forest conservation plan;
(3)Â
The abbreviated forest stand delineation is prepared in accordance
with the standards for such delineations in the Department's Forest
Conservation Manual; and
(4)Â
A forest conservation plan is also submitted for the site.
E.Â
A person who files an abbreviated forest stand delineation
may file the delineation and the forest conservation plan for the
site at the same time.
F.Â
Within 60 calendar days after receipt of the abbreviated
forest stand delineation and the forest conservation plan, the Department
shall notify the applicant as to whether the delineation and plan
are complete and approved.
G.Â
If the abbreviated forest stand delineation and the forest conservation plan are submitted separately, the period of 60 calendar days established by Subsection F starts from the later date of submission.
H.Â
If the Department fails to notify the applicant within
60 calendar days, the delineation and the plan shall be treated as
complete and approved.
I.Â
The Department may require further information or
extend the deadline for an additional 15 calendar days under extenuating
circumstances.
[Amended by Bill No. 14-1]
A.Â
A person who applies after January 1, 1992, for subdivision
approval, a grading permit or a building permit for an area of land
of 40,000 square feet or more:
(2)Â
Shall retain at least the following minimum percentages
of the existing forest on the lot or parcel outside of the development
envelope, as shown on the most recently adopted land use plan map:
Type of Use
|
Minimum Percentage of Forest to be Preserved
|
---|---|
Natural resources uses and low-density residential
uses
|
50%
|
Medium-density residential uses
|
40%
|
Institutional uses
|
30%
|
Business and industrial uses
|
15%
|
B.Â
Subsection A(2) does not apply to the development of a water line, a sewer line or a sanitary landfill.
C.Â
The following trees, shrubs, plants and specific areas
shall be considered priority for retention and protection and shall
be left in an undisturbed condition unless the applicant has demonstrated,
to the satisfaction of the Department, that reasonable efforts have
been made to protect them and the plan cannot be reasonably altered:
(1)Â
Trees, shrubs and plants located in sensitive areas, including the Floodplain District established under Chapter 131 of the Harford County Code, as amended, intermittent and perennial streams and their buffers, steep slopes and critical habitat areas; and
(2)Â
Contiguous forest that connects the largest undeveloped or most vegetated
tracts of land within and adjacent to the site.
D.Â
The following trees, shrubs, plants and specific areas shall be considered
priorities for retention and protection and shall be left in an undisturbed
condition:
F.Â
The Director of Planning may grant a waiver from Subsection D above if the applicant has demonstrated to the satisfaction of the Department that enforcement would result in unwarranted hardship. The applicant shall:
(1)Â
Describe the special conditions peculiar to the property which would
cause the unwarranted hardship;
(2)Â
Describe how enforcement of these rules will deprive the applicant
of rights commonly enjoyed by others in similar areas;
(3)Â
Verify that the granting of the waiver will not confer on the applicant
a special privilege that would be denied to other applicants;
(4)Â
Verify that the waiver request is not based on conditions or circumstances
which are the result of actions by the applicant;
(5)Â
Verify that the waiver request is not based on conditions relating
to land and building use, either permitted or nonconforming, on a
neighboring property; and
(6)Â
Verify that the granting of a waiver will not adversely affect water
quality.
G.Â
Notice of request for a waiver shall be given to the Maryland Department
of Natural Resources by the Department of Planning within 15 days
of receipt of the request.
H.Â
No forest retention area easements shall be permitted on residential
lots with a net tract of less than 20,000 square feet. No more than
25% of any lot with a net lot area between 20,000 square feet and
60,000 square feet shall be encumbered by a forest retention area
easement.
A.Â
There is a forest conservation threshold established for each land use category, as provided in Subsection B of this section. The forest conservation threshold means the percentage of the net tract area at which the reforestation requirement changes from a ratio of 1/4 acre planted for every acre removed to a ratio of 2 acres planted for every acre removed.
B.Â
After every reasonable effort to minimize the cutting or clearing of trees and other woody plants is exhausted in the development of a subdivision plan, and grading and sediment control activities and implementation of the forest conservation plan, the forest conservation plan shall provide for reforestation, according to the formula set forth in Subsection C and consistent with the following forest conservation threshold for the applicable land use category:
[Amended by Bill No. 11-04]
Category of Use
|
Threshold Percentage
|
---|---|
Natural resources uses
|
50%
|
Low-density and medium-density residential uses
|
40%
|
Institutional uses
|
30%
|
High-density residential uses
|
30%
|
Business and industrial uses
|
15%
|
C.Â
Subject to Subsection D, for all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area above the threshold established by this section, the area of forest removed shall be reforested at a ratio of 1/4 acre planted for every acre removed.
D.Â
Each acre of forest retained on the net tract area, above the threshold, shall be credited against the total number of acres required to be reforested under Subsection C.
E.Â
For all existing forest cover measured to the nearest
1/10 acre, cleared on the net tract area, below the threshold established
by this section, the area of forest removed shall be reforested at
a ratio of 2 acres planted for every acre removed.
F.Â
No afforestation or reforestation shall be permitted
on any residential lot with a net lot area of less than 20,000 square
feet. No more than 25% of any lot with a net tract area between 20,000
square feet and 60,000 square feet shall be permitted for reforestation
or afforestation planting.
A.Â
The required sequence for forest conservation, after
techniques for retaining existing forest on the site have been exhausted,
is as follows:
(1)Â
Selective clearing and supplemental planting on site;
(2)Â
On-site afforestation, if economically feasible, using
transplanted or nursery stock that is greater than 1Â 1/2 inches
dbh;
(3)Â
On-site afforestation using whip and seedling stock
with protective tree tubes (shelters);
(4)Â
On-site individual tree plantings conducted in accordance with § 267-43 (Individual tree plantings) of this article;
(5)Â
Landscaping of areas under a landscaping plan that
establishes a forest that is at least 35 feet wide and covers at least
2,500 square feet of area;
(6)Â
Off-site afforestation using transplanted or nursery
stock that is greater than 1Â 1/2 inches dbh;
(7)Â
Off-site afforestation using whip and seedling stock
with protective tree tubes (shelters);
(8)Â
Natural regeneration on-site; and
(9)Â
Natural regeneration off-site.
B.Â
A sequence other than the one described in Subsection A may be used for a specific project if necessary to achieve the objectives of the County Land Use Plan or County Land Use Policies or to take advantage of opportunities to consolidate forest conservation efforts.
C.Â
The following are priorities for reestablishment:
(1)Â
Forest buffers adjacent to intermittent and perennial
streams, to widths of at least 50 feet;
(2)Â
Forest corridors, connecting existing forests within
or adjacent to the site, to widths of at least 300 feet where possible;
(3)Â
Forest buffers adjacent to critical habitat areas;
(4)Â
Plantings in the Natural Resource District established under § 267-62 (Natural Resource District);
(5)Â
Plantings to stabilize slopes of 25% or greater and
slopes of 15% or greater with a soil K value greater than 0.35, including
the slopes of ravines or other natural depressions;
(6)Â
Buffers adjacent to areas of differing land use, where
appropriate, or adjacent to highways or utility rights-of-way; and
(7)Â
Forested areas adjacent to existing forests so as
to increase the overall area of contiguous forest cover, when appropriate.
D.Â
A person required to conduct afforestation or reforestation
under this article shall accomplish the afforestation or reforestation
in accordance with the schedule established by the Department in the
approved forest conservation plan. The Department shall ensure that
the schedule is structured to:
A.Â
Individual tree plantings conducted in accordance with § 267-41 (Priorities and time requirements for afforestation and reforestation) of this article shall be credited towards the remaining forest conservation requirements in an amount equal to 500 square feet for each individual tree planted.
B.Â
To qualify for a credit under this section, the plantings
shall:
C.Â
The landscaping plan shall include:
D.Â
The location, spacing and species of trees planted
in accordance with this section shall be as approved by the Department
in the forest conservation plan, and the Department shall encourage
plantings along streets, between buildings, in parking lots and in
other common-area sites where the plantings may provide buffering,
energy conservation and other environmental benefits.
E.Â
Planting under this section shall be conducted in
accordance with urban forestry standards recognized by the Forestry
Division of the Maryland Department of Natural Resources.
A.Â
Tree species used for afforestation and reforestation
shall be native to the County and selected from a list of approved
species established by the Department.
A.Â
Before receiving a grading permit or a building permit,
a person required to conduct afforestation, reforestation or individual
tree plantings under this article, shall furnish surety in the form
of a bond, an irrevocable letter of credit or other security approved
by the Department. The surety shall:
(1)Â
Assure that the afforestation, reforestation and individual
tree plantings are conducted and maintained in accordance with the
approved forest conservation plan;
(2)Â
Be in an amount equal to the estimated cost, as determined
by the Department, of afforestation, reforestation and individual
tree plantings;
(3)Â
If the development is scheduled to be constructed
in phases, cover the portion of the development within the limits
of disturbance delineated in the grading permit application; and
(4)Â
Be in a form and of a content approved by the County
Attorney.
B.Â
If after 1 growing season the afforestation, reforestation
and individual tree plantings meet or exceed the standards of the
Forest Cover Conservation and Replacement Manual, 2/3 of the amount
of any cash bond that has been posted shall be returned. If the surety
has been given in the form of a letter of credit, a surety bond or
another form of surety, the County shall notify the appropriate entity
that liability has been reduced by 2/3.
C.Â
If after 2 growing seasons, the afforestation, reforestation
and individual tree plantings meet or exceed the standards of the
Forest Cover Conservation and Replacement Manual, the remaining amount
of the cash bond, letter of credit, surety bond or other surety shall
be returned or released.
A.Â
Before cutting, clearing, grading or construction
begins on a site for which a forest conservation plan is required
by this article:
(1)Â
All forest that is to be retained shall be clearly
marked with flags, signs or other materials approved by the Department;
(2)Â
Protection devices approved by the Department shall
be installed; and
(3)Â
The Department shall inspect the site to ensure that
the marking and protection devices are in place.
B.Â
Unless approved within the forest conservation plan,
the following activities are prohibited within the dripline of a tree
that is to be retained:
(1)Â
Grading;
(2)Â
Filling;
(3)Â
Trenching;
(4)Â
Tunneling;
(5)Â
Storage of construction materials or equipment;
(6)Â
Placement or operation of vehicles, equipment or construction
trailers;
(7)Â
Sediment and erosion control devices; and
(8)Â
Any other activity that may result in soil compaction
or damage to a tree.
A.Â
The Board of Appeals may grant a variance to this article in accordance with this section and § 267-11 (Variances) of this chapter.
B.Â
In granting a variance to this article, the Board
shall issue specific written findings of fact demonstrating that the
granting of the variance will not adversely affect water quality.
A.Â
A person who violates any provision of this article,
or any regulation or order adopted or issued under this article, is
liable for a penalty not exceeding $1,000, which may be recovered
in a civil action brought by the Department. Each day a violation
continues is a separate violation.
B.Â
A person who violates any provision of a forest conservation
plan or an associated management plan, approved under this article,
is liable for a penalty of $1.20 per square foot of the area found
to be in violation of the plan or agreement, which may be recovered
in a civil action brought by the Department. Each day a violation
continues is a separate violation.